Whether the assessment order was valid when the AO assessed...

Whether the assessment order was valid when the AO assessed receipts on a substantive basis despite binding DRP directions to compute income only on a protective basis under s. 44DA was the dominant issue. Since the DRP had accepted taxability on the footing of a PE but expressly limited computation to a protective basis, the AO's substantive assessment amounted to exceeding jurisdiction and violating mandatory directions under the statutory scheme. Consequently, the final assessment order, having been passed in breach of DRP directions, was held void ab initio and quashed, with the assessee's additional ground allowed. - ITAT

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